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Wednesday, 16 November 2011

Criminal Trial in Indian Law


(Note: This is an article written for layman having no knowledge of law. If you are a lawyer or a legal expert, please feel free to point out if there is any mistake in the article. If you want to give your inputs to make this better, please leave a comment at the bottom.)
Many a times we come across the term called criminal trial. In general parlance, we understand trial means that a person is facing a case in court of law. But generally people are not aware of the process of criminal trial in India. So here is the procedure for criminal trial that generally takes place in India.
Types of Criminal Trials
Before we proceed further, we must note that according to Criminal Procedure Code, criminal trial can be of tree types namely Trial in Warrant cases, Trial in Summon Cases and Summery Trial
Trial in Warrant Cases
Warrant cases are those cases in which an offence attracts a penalty of imprisonment for more than seven years and it includes offences punishable with death and life imprisonment. In such cases, the trial starts either by filing of FIR or by filing a complaint before a magistrate. And if the magistrate finds that the case relates to an offence carrying a punishment for more than two years, the case is sent to the sessions court for trial.
Section 193 of the Criminal Procedure Code clearly states that the session court can not take cognizance of any offence unless the case has been sent to it by a magistrate. The process of sending it to sessions court is generally called committing it to sessions court.
Trial in Summon Cases
A summon case is a case which is not a warrant case. So in simple words, those cases in which an offence is punishable with an imprisonment of less than two years is a summon case. In this case, one must understand that if a magistrate, after looking into the case, thinks that a case is not a summon case, he may convert it into a warrant case. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called “notice”, to the accused when the person appears in pursuance to the summons.
Summary Trial
Case of offenses punishable with an imprisonment of not more than six months can be tried in a summary way. It is also to be noted that if the case has been tried in a summary way, a person can not be awarded a punishment of imprisonment for more than three months.
Pretrial stages
Registration of FIR
FIR stands for first information report which is lodged under section 154 of the Criminal Procedure Code. The FIR is only the basis information which is made available to the police when a cognizable offence takes place. FIR is the first stage from which a criminal case takes the birth.
Investigation
FIR in a criminal case leads to investigation in the case. Investigation leads an investigating officer to reach to a conclusion whether a chargesheet has to be filed or a closure report has to be filed in the case. If the investigation result in discovery of an offence, a chargesheet is filed, otherwise a closure report is filed before the concerned court.
Trial
If the investigating officer finds out that a case is fit for trial then he files a chargesheet in the case.
Filing of the charge sheet
The charge sheet is the brief summary of how an offence had been committed? What was the role of each person who was involved in the crime and the sections under which the investigating officer had charged all the accused. The charge sheet also contains the names of the person who were investigated but could not be charged due to lack of evidence in the eyes of the investigating agency. Filing of the charge sheet generally means that the investigation in the case is over and now the court has to consider the evidence collected by the investigating agency. It is to be noted, that if during the course of trial, some new facts come to the light, the agency may file additional charge sheets.
Framing of charges/Serving the Notice
if it’s a summon case, a simple notice is given and a response is sought from the accused. But in warrant cases, the court frames the charges.
Framing of charges mean that the court looks into the evidence collected by the investigating agency and applies its mind so as to what are the charges under which an accused has to be booked. For example, the police has filed a chargesheet accusing a person of murder under section 302, but the court deems it proper to charge the person for culpable homicide not amounting to murder under section 304. At this stage, if an accused pleads guilty then the court will apply its judicial mind and decide the punishment accordingly. And if the accused pleads not guilty, he is informed the charges under which he would be required to face the trial.
On the other hand, if the judge finds that no offence against an accused is made out, the accused is discharged from the case. The court has to apply its mind and record the reasons for discharging an accused.
Recording of the Prosecution Evidence
After the charges have been framed against an accused, the prosecution is required to produce  before the court, all the evidence collected by the investigating agency. It is to be noted that when the investigating agency produces the evidence before the court, the evidence has to be supplemented with the statement of the prosecution witnesses (PWs). The process of recording the statement of PWs is called Examination-in-Chief. The evidence which is brought before the court and which the court considers is called “Exhibit” .  The witnesses brought by the prosecution are expected to support the case presented by the prosecution and if they fail to do so, they are declared hostile and the prosecution may request the court not to rely on the statement of such a witness.
In case the witness supports the case of the prosecution, the defense is entitled to cross examine the witness so that they could find out the discrepancies in the statement of the witness concerned. If the defense succeeds in finding the discrepancies in the statement of the witnesses, they may ask the court not to rely on the statement of the said witness.
Statement of the accused
Section 313 of the Criminal Procedure code empowers the court to ask for an explanation from the accused if any. The basic idea is to give an opportunity of being heard to an accused an explain the facts and circumstances appearing in the evidence against him. Under this section, an accused shall not be administered an oath and the accused may refuse to answer the questions so asked. The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him.
Evidence of Defense
After the statement of the accused is over, the court applies its mind and tries to find out if the accused has committed any offence or not. If the court reaches the conclusion that no offence has been committed by the accused, he is acquitted. It must be noted that while acquitting an accused, the judge is expected to give reasons for acquitting the accused.
In cases of accused not being acquitted by the court, the defense is given an opportunity to present any defense evidence in support of the accused. The defense can also produce its witnesses and the said witnesses are cross examined by the prosecution. In India, generally the defense does not provide defense evidence as the criminal justice system in India puts burden of proof on the prosecution to prove that a person is guilty of an offence beyond the reasonable doubt.
Final Arguments of both the sides
Once the defense evidence of the accused is over, the prosecution presents its final arguments. In final arguments, the prosecution generally sum up its case against the accused. After the final arguments of the prosecution are over, the defense also present its final arguments. After the final arguments of both the sides are over, the court generally reserve its judgment.
Delivery of Judgment
After application of mind, the judge delivers a final judgment holding an accused guilty of offence or acquitting him of the particular offence. If a person is acquitted, the prosecution is given time to file an appeal and if a person is convicted of a particular offence, then date is fixed for arguments on sentence.
Arguments on sentence
Once a person is convicted of an offence, both the sides present their arguments on what punishment should be awarded to an accused. This is generally done in cases which are punished with death or life imprisonment.
Judgment with punishment
After the arguments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.


29 comments:

  1. Excellent description of the entire process. Kudos to your entire team. We all eagerly look fwd to future blogs. Thanks.

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  2. you have made a wrong details there are 4 types of trial i.e. session trial (Ss.225-237) Warrant trial(Ss.238-250) and similarly summon cases trial and summary trial

    correct it

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  3. you have forgotten an important aspect of the trial i.e. re-examination of the witnesses after cross examination. Further you have not clarified as to whether cross examination is carried out in summary and summons trials, and whether questions and answers are to be recorded in exaination, cross examination and re-examination,which formthe main crux of the trials

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  4. Wanted to know about the procedure after filing of charge-sheet and before framing of charges in the court.
    There is a time gap of few years between this two.
    What transpires during this waiting period. And also about exemption from appearance in the court.

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  5. We provide zealous representation for our clients from intake throughout trial. If you find yourself in need of legal representation, do not hesitate to contact our office criminal defense attorney

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  6. It is truly a great and helpful piece of information.
    I am satisfied that you simply shared this useful information with us.
    Please stay us informed like this. Thanks for sharing information.
    We provide zealous representation for our clients from intake throughout trial. If you find yourself in need of legal representation, do not hesitate to contact our office criminal defense attorney

    ReplyDelete
  7. It is truly a great and helpful piece of information.
    I am satisfied that you simply shared this useful information with us.
    Please stay us informed like this. Thanks for sharing information.
    We provide zealous representation for our clients from intake throughout trial. If you find yourself in need of legal representation, do not hesitate to contact our office Houston Criminal Defense Attorney

    ReplyDelete
  8. You have forgotten one thing that the case which is punishable with imprisonment of upto 7 years, the magistrate does not commit it to session court. because magistrate of 1st class has power to try the offence punishable with 7 years.

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  9. kindly post the difference between summary and regular trial under criminal procedure code

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  10. I want to know much time does a trial takes to complete in India in a magistrate court. Its a signature fraud case when the person was out of country.

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  11. Kislay Pandey is one of the best corporate lawyer, Criminal Lawyer in India who practices in the supreme court and various high courts.

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  12. One day this week, I went to Cal State Dominguez Hills and I realized I have not seen my true daughter so I dreamed of going over to her house one day because she brought some property attractive to many across the street from the college at a reduced price. I do not realize Mrs. Abernathy knows this is me the true owner and the prison has tried to take my property for the 70th time without her assistance. These bullying attacks have turned into bullying and murder when I lost my family in Guam in 1991. Inexperience tells me the new breed of graduates do not know me as the owner and it is not emphasized in the paper enough so I apply for a job even if it is volunteer to get to know the personnel but I let them know the truth because everybody is not going to be here to help me out and the trust factor is very low. There is no reason to leave me living outside for 5 years. I chose the JW Marriott and the All 8 Motel, All Star Motel and etc.. to live when I was criminally evicted out of my apartment on 7-1-2012. I walked the paper work through myself but no one told me the reason why I was set up like now. They should have contacted my Royal Embassy in Africa and everywhere in the world so I can find out why these people of pale skin on gang members calling themselves white all of a sudden do not believe they will not have a place to live or work due to violent behavior before me without a psychiatrist.

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  13. The Gladys Night team is out of sink and I need you to place an add in the paper requesting all of them to define their business license. You can not use my personality legal name and kill someone in my Jackie Robinson office who was not doing anything but trespassing since 1900 when the real 50 cents was killed and I raised my grandchildren with my children who were orphan due to the wars overseas.

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  14. The shootings in my area of the west coast needs a definition. First of all, we do not kill even if they resist without at least 6 men to assist because I requested all outfits in law enforcement to have paint guns and rubber bullets so we do not have any resistance resulting in death. You can not hold a trial in any city without paying the court fees of 13 million dollars. I know you have not picked your personal assistant, executive assistant, court reporter, etc... but you need to check the telephone lines and this is a secret service function. Do not kill anyone using the legal criminal justice, attorney, prosecuter, DA lenneta in this city because this should only question your actions not kill someone. The bounty meaning FBI, NATO should be in town so we do not have a discrimination problem. You have killed the special disability teams who have the most common sense in the matter and I do not want anyone in a plaid shirt with a bomb watching television until this building blows because the world is afraid of stunt makeup which makes you look colored. I want to share about the delivery of babies in my state. I want CHAPP checkout as a department of public health should have evicted and gone to the doctors exzam to give them a plane ticket to leave the state when they have abused me and killed the Presidential family in 16 years yelling for example, they are the president family, they are in lowve, they are a shooter and walk into my estate typing things of nonsense with agun to blow my head off because younamed me as your banker instead of with your 56 grandparents whoa re paralyzed in thought about how you can not live in a retirement home until I get back with you and it might take 2 years like you took to contact me about having $50.00 to give me a day to live off on instead of $175 a month in food stamps and $987 dollars in 6 months cash from the Federal System. I want you to know about how they betrayed me like I sung in prayer as Kelly Price featuring Ron Isley true lawyer per the hip hop video as I medit crying in the leather coat weighing 1,567 pounds. I believe it was filmed in Germany.

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  15. In my eye sight, a gang is 2 or more gathering to discuss or handle business in a fashionable mannerism as taught in the local universities. If you are a resident, then you must enroll in the colleges in the city. The locals feel uncomfortable when you are making us feel like we were your answer without references. I no longer attach myself to people who want to act in the sake of violence to get their way even if it is a revenge situation, I want you to go to Solutions for colored and other great personalites who develop a good understanding on how to pay $13 million dollars before you go to court. You must have film like hiring graduates from Fusion who must review the real Supreme Court contract. I will let you know why I do not appreciate being held captive and even the banks turned their backs on me and let the kidnappers rape me and the entire personnel. They came in so much, they cashed a pay check and considered it a days pay after I worked at One United Bank as the bank manager. I had to quit and they let me call you on every bank account opened without a current IRS video trial on how you made your money. If a blind woman has to drug deal like her blind daughter who looks like me before I had plastic surgery named by the entertainment and high fashion family BEYONCE. I received a photo of her at 9:32am of her at the grammys in a black dress and she has been spending my money. I am in sink septic thought but why do you ignore the family and not tell who is trying to kill me and the children. I will not accept my 57 year old blonde daughter who wants to kill her mother dark skinned by mistake really Japanese for baby sitting more than 7 years when I was on an air force secret voyage and someone like the royal palace could have assisted to today. I am tired of blowing up with President number 44 but he is no longer on this earth and I know a black gang from another state like Ohio, etc.... because as a crime psychic I was told in the face by my real Jacksons of entertainment related to me one of them married a psycho who killed 70 of my grand children after they had a baby by him working as the main management of the Puente Hills Mall. The shelter system needs to be closed and you have to realize I am the one who was handsomely blessed by the President team who invited my closet friends blew up in a bad explosion that went as far as 232 miles. I was raped right after the explosion in sierra Villa and no one was able to find me. Inside of the hospital, they induced labor because some of my family members are so whacked (insane) they think to force labor is best because of your age and my own son, grandson, greatgrandson raped me putting inside of me another child replaced by the real emporer.

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  16. Dear all governments, you need to stop telling me my husbands who were the emporers died on me and even putting it on the front page. The hate is from the Prison system and the locals who hated the royal family because they were starved due to not following the local rulings of their dictators. I do not want you to call me many names without pictures, recordings, to help your memory problems. You may not use me to print anything in this room because your existence is to because of me and you need to share in your local AA meetings. If I was drove to drink alcohol then it is one thing but forcing any illegal substance in my system while you think you were the perfect room mate then read your contracts. It is beyond trespassing when you confront me or think you were so perfect causing their deaths of the secret service. I do not trust you and you need to stop by your local criminal attorney in town with a new psychiatric full evaluation with pictures of your home. Check out the you tubes but do not come to my house acting like we are the best of friends remembering only secret service names. How come you do not realize your men were overseas producing babies who are now grown fully adult and capable of buying property. So tell me who is filing a divorce from the Royal Kingdom so I can black male you also in the film industry? If you divorce as a gang against this credential gang wardner then you must go to Divorce court for a conference and pay 13 million dollars so we can see why you do not handle business well without my permission. This is a court fee for every state if their property, cars, brokers, taxes are equivalent otherwise they must use the mediation system, arbritration program and the join the military if you like the royal family.

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  17. We also want you all to realize the smell of your existence is how nice you treat someone when they are down meaning griefing while losing a numerous amount of gang members, church members, temple gatherings, etc.... You may not make any criminal justices or anyone apart of the department of justice like a prosecutor family do any crimes like prostitution which is a man or woman capable of collecting money for sex with a strong hold on handling professionalism in the area. You must read books, take statements from people, go to the book store of adult porn, view movies so we can all understand why you did not report the person to the bail bonds. Please do not let the children know they are not responsible for having sex until someone invies them or you find a boo boo on their body in a different color causing you to sue the other party. Please check all law suits for previous betrayals by a whole lot of gangs, colleges, students, etc....

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  18. Remember, last year I dealed with over 72 explosions in California underground with the purple and red line. The gold line produced over 45 explosions and a lot of people when deeply burned. I am a burn specialist and it is hard to correct the problem when you keep being in an explosion. Please do not give up because we are right here for you. I am not a super blind person but I can not tell if you are suffering from a blind date situation. A blind date is a new dating scene and new service coming your way and I would like it patton. There was a number 1-800 patton for anyone to review. I am sorry the attorneys are not letting you take this matter to Mediation asap which represents outside of court the way we are suppose to handle issues to have a brief for criminal court soon to be filed for a claenda date. Just file for me.

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  19. Please call Century 21 at 626 301-1888 criminal attorney and purchase the whole complex. I am sure I am the real Supreme Court Builder. Why don't you pay me KB Homes and do the same so I can have those around me to take down those who do not want a powerful bounty hunter alive today. The email is century21earll.com. I also own these companies. We also want to purchse any holdings in Lake Asrrwheald at 626 .....Stolen Amnesty............because I was stolen by Egori who is white today and kind of looks Asian, tall, ......He stole me and my brother in law who you thought was case but one of my business partners and gone from this world back in the 90's. I do not remember his wife. I do know there wer several white men who clored their faces to look like colored people from Africa and raped me with the face of my dead son of 1860 who promised to take care of me. I was so frighten that they flew in from the islands yesterday to tell me about the trauma and transferred me to the college system to make them aware of the new way they rape you bad mouth young ladies who do not realize the real OPrah is too alive myself as well as the real Tish of the true name Opera...... Do not fuck with judges because we all exploit, exploid the same way as any human breaking up in a bunch of pieces.

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  20. You may not come within feet of me and talk shit about how you feel you are my sane daughter and have missed every birthday, thanksgiving, Christmas and any other religious jewish holiday.

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  21. There is no excuse on going along with the sad love song of waiting seven whole days by myself instead of lying you thought you knew me. You are not my alumni so we can use this lie and you were told the truth so we can have America laugh at you instead accepting over $100.00 and the dismissal of every family member from the law enforcement and department of justice as well International department of justice. How can you love me when you did walk in here with a weapon to blow these people down or pepper spray acting out after you have sold your ass with my 3 children as I sang the cut as the real artist beyonce. I may have lost a cream of color but I did not lose a sense of dignity to fight for rights with a lawyer present in criminal justice which all of them have to have in order to pay for this hit which should have never happended. Remember I would not have paid a caretaker a dime to kill my mother and family so you can buy a new dress. Lets think about going to school in high fashion a learning how to sew so you would not pick up infected clothes from the Thrift Store while you explain to the doctors union and credit union why you are not buying from your own store. They did not accept me showing up not becoming when I should not have to show money, id, credit card so you can say I do not know you but I have a friend who can relax you to get you those outfits.

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  22. You all knew my make was made the most powerful only in the area of indentity theft, drug smuggling, or any type of theft but you played so many people, I do not see one report not even to we tip so check the deleted items. I need the advisory board of the professors who teach criminal justice so I can find out why the felons do not role in their phony names too so we can make a book of all the people who did not have a contract to double me like in the movies to appear to take the cut of the fake blood put in by Universal Studios. If they do not have correct id not the id they made up in the computer. I heard my thesis this year was stolen because I lost to death the Air Force team who guarded me with their life a long time ago so the others forgot to get the presidential stamp to board all of these things. Remember, I am the real deal today so do not disguise so much your functions as a ding dong (student of mine who graduated to bigger and better things in life. Help me and talk to Jermaine Dupri, Lionel Richie for neighbor consideration instead of fucking me because you are too felon for these billionaire neighborhoods. If I erase your record then stay out of the system. I do not mind correcting the department of corrections but not when I tell you all you are fired since the last law suit so please give up your keys, uniforms, etc......

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  23. Hi,

    Great Post!I appreciate your efforts. This blog is ever informative. Thanks....

    Criminal lawyer

    ReplyDelete
  24. Hi Guys
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  25. Yes, now a days these cases are in higher pick. Lots of criminal trials are as follows:-
    Warrant Case.
    Summon Case.
    Summary Trials

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  26. This is great blog. I am pretty much impressed with your good work. You put really very helpful information. Detective Agency in Mumbai-India

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